New Zealand Case Law: Decisions & Judgments

Topic

Trustee appointment

Legal area

Court

5 Dec 2023

RE BLEEKER [2023] NZHC 3511

Citation

[2023] NZHC 3511
Court

High Court

The Court found the applicants were validly appointed by the executor exercising her power under the will, the applicants had consented and were prepared to act as trustees, and s 52 of the Trustee Act 1956 authorises the Court to vest the land in trustees; r 19.5 authorised commencement by originating application in the interests of justice; accordingly the vesting order was granted and Trusts Act 2019 did not apply.
18 Jul 2023

INTHAYUNG v HEIMSATH ALEXANDER TRUSTEE LTD [2023] NZHC 1867

Citation

[2023] NZHC 1867
Court

High Court

Applicant was the successful party and entitled to costs. Heimsath Alexander Trustee's insistence on conditions placed the dispute on the 'hostile' side of trust litigation so its costs (and any costs awarded against it) should not be indemnified from the Trust. The claimed costs were reduced for an excessive allocation of days under scale 2B (item 37) and the sealing disbursement of $50 was approved, resulting in a costs award of $12,936.50 to the applicant.
1 Apr 2022

LEGLER v FORMANNOIJ [2022] NZHC 660

Citation

[2022] NZHC 660
Court

High Court

The plaintiffs' undertaking complied with Downs J's 18 October 2021 order because the undertaking must relate to the injunction reissued by Downs J and not to the earlier, discharged Brewer J injunction; the Court declined to imply an undertaking retrospectively into the Brewer J injunction and dismissed the defendants' application for retrospective relief, leaving any claim for losses to be pursued in appropriate subsequent proceedings.
12 Aug 2021

CONNOR v CONNOR [2021] NZHC 2096

Citation

[2021] NZHC 2096
Court

High Court

Given Thomas J's prior substantive determination and the parties' consent, and because registration by Land Information New Zealand required specific identification of the interest, the Court exercised its powers under ss 52 and 59 of the Trustee Act 1956 to grant a further vesting order vesting the specified mortgagee interest in Michael Gerard Curtis and David John Chapman as trustees of the Balena Family Trust/Balena Trust.
10 Jun 2021

SETTER [2021] NZHC 1603

Citation

[2021] NZHC 1603
Court

High Court

The Court authorised the variation of the Trust Deed under its inherent jurisdiction because the proposed change (expanding beneficiary appointment of trustees) did not alter beneficiaries' beneficial interests, was necessary or desirable for proper management, and while s130 broadly addresses variations of trustee powers, the particular amendment to appointment powers fell most appropriately to be authorised under the Court's inherent jurisdiction.
22 Sept 2020

Noeline Clark Foundation [2020] NZHC 2473,

Citation

[2020] NZHC 2473
Court

High Court

The Court held the proposed amendments are charitable, the original scheme had become impracticable or inexpedient in the changed circumstances, and the proposed amendments would facilitate administration and accord as closely as reasonably possible with the original trust; accordingly the Court approved the amended scheme and deed under ss 32 and 33 of the Charitable Trusts Act 1957.
17 Sept 2020

BISSON & ORS v KING & ORS [2020] NZHC 2426

Citation

[2020] NZHC 2426
Court

High Court

The Court held that the reference to s108(2) was a clerical/drafting error and may be corrected to s109(1) under s31 Wills Act 2007 because correction better reflects the will-maker's intention and avoids an unworkable and potentially failed trust; the Court exercised its power under s51 Trustee Act 1956 to appoint the trustees of Maraina Kuratopi Trust in substitution for Otaraua as expedient and not prejudicial to beneficiaries; and the Court approved the proposed variation under s64A(1)(b) because the variation was consistent with the deceased's general intentions and not to the overall de…
7 Aug 2020

WILLIS v WILLIS [2020] NZHC 1995

Citation

[2020] NZHC 1995
Court

High Court

On the evidence (medical report and affidavit) the court was satisfied the registered trustee lacked capacity; the appointor had validly appointed replacement trustees; s52(1)(b) empowers the court to vest the trust land in the new trustees; accordingly the vesting and ancillary procedural orders were appropriate and granted.
1 Jul 2020

RE A J AND E J WALLACE FAMILY TRUST [2020] NZHC 1522

Citation

[2020] NZHC 1522
Court

High Court

Leave to commence by originating application was granted under r19.5, service on beneficiaries was dispensed with, and a vesting order under s52 was made because the application was administrative and non-contentious, beneficiaries' rights would not be affected, a beneficiary consents, and the vesting was necessary to enable settlement of an unconditional sale.
29 Oct 2019

RE: ESTATE ELIZABETH JOHANNE WEARN [2019] NZHC 2763

Citation

[2019] NZHC 2763
Court

High Court

Given the evidence that one trustee lacked capacity, one trustee was deceased and one had retired, and on the basis of affidavits filed and adequate service directed and effected with no opposition, the Court was satisfied under s 52 Trustee Act 1956 that it was expedient to vest the specified trust properties in the continuing trustees and accordingly made the vesting orders.